Legal Opinion

Parkison v. Bracken

Wisconsin Supreme Court

Decided July 15, 1842Published

EEEOE to the District Court for Iowa County. ' This was an action of ejectment, brought by Bradken against Parkison, in the Iowa county district court, to recover a tract of eighty acres of land.

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EEEOE to the District Court for Iowa County. ' This was an action of ejectment, brought by Bradken against Parkison, in the Iowa county district court, to recover a tract of eighty acres of land. At the September term, 1841, when the cause was called for trial, Parkison moved the court for a continuance of the cause, for the purpose of enabling btm to procure testimony from the General Land Office at Washington, to prove various matters tending to show that he had a superior equitable right to enter the land in controversy; in order that by connecting such testimony with the receiver’s…

1Opinion of the CourtMiller, J.

This was an ejectment, brought by the defendant in error against the plaintiff in error, in the district court of Iowa county.

*180■The court admitted in evidence, on the part of the plaintiff, a patent purporting to have been signed in the name of the president of the United States by his secretary for that purpose. The patent appears on its face to have been regularly executed, sealed and recorded, according to law; but, because the filling up of the patent and the name of the president appear to be in the same handwriting, and the signature of the secretary in another, it was thereby inferred…

2Cases cited14 opinions

  1. Polk's Lessee v. WendalSupreme Court of the United States · 1815
  2. Brush v. WareSupreme Court of the United States · 1841
  3. Polk's Lessee v. WendellSupreme Court of the United States · 1820
  4. Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
  5. Miller v. KerrSupreme Court of the United States · 1821

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